12.1 You acknowledge that you or the Supplier are responsible, liable and at risk for the Products and the Contract.

12.2 Subject to paragraph 12.14, we disclaim all liability and responsibility to the maximum extent permitted by law, and we assume no responsibility, for losses to you or any other person arising from:

(a) a Supplier providing, delaying or failing to fulfil an Order;

(b) a third party offering, failing to offer, delaying or providing the Supplemental Offerings;

(c) our content, and in particular from the accuracy, completeness or current status of our content on our Website;

(d) the Products, and in particular their quality, images, safety, description or specifications, conformity with description, and fitness for purpose;

(e) reliance on information contained or functionality provided on, or through, these Buyer Terms or our Website;

(f) any use of the Products, including any use that may result in loss, damage or injury to any person; and

(g) any failure by us to perform, or delay in performing, any obligations, whether or not we give prior notice, if and to the extent that the failure or delay is caused by any Force Majeure Event.

12.3 We will not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with these Buyer Terms for any loss of profits, loss of business opportunity, loss of goodwill, loss of anticipated savings or benefits, or for any type of indirect, special or consequential loss, even if that loss or damage was reasonably foreseeable or the relevant party was aware of the possibility of that loss or damage arising.

12.4 Our liability arising directly or indirectly under these Buyer Terms (including your purchase of Products, Supplemental Services or Additional Services under these Buyer Terms), or that is not otherwise expressly excluded under these Buyer Terms, will be limited to and capped at the cost of goods sold of the order placed on thebuyhive.com website. The amount of this limitation of liability will be reduced by the amount of any unpaid amounts owed to us.

12.5 Any claim by either party for breach of contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with these Buyer Terms must be brought within one year of the act or omission alleged to have caused the loss or cost.

12.6 Except to the extent that claims cannot be excluded or restricted by law, no claims arising out of or in connection with these Buyer Terms may be brought by you personally against any of our employees, officers, consultants or other representatives involved in the performance of the relevant obligations.

12.7 All representations or warranties, whether contractual or non-contractual, and all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise (including implied undertakings of satisfactory quality, conformity with description and reasonable fitness for purpose) are excluded to the maximum extent permitted by law.

12.8 Only one claim may be brought against us (including our employees, officers or consultants) arising from one act or omission. One act or omission includes one series of related acts or omissions, the same act or omission in a series of related matters or similar acts or omissions in a series of related matters, and includes all claims arising from any one matter.

12.9 The limitations in this paragraph 12 apply to our aggregate liability to you (including any other third parties to whom we are held liable, with or without our consent) in relation to any one claim, and you and any such other persons may together recover from us only once in relation to the same loss.

12.10 Where a limitation of liability applies in whatever amount, the limitation applies to the entire performance of related services by us, and there will not be separate aggregate limits of liability applicable to you, any group company to which you belong, and all individuals nominated by a corporate user.

12.11 If we have joint and several liability to you with another party we will only be liable to pay you the proportion which is found to be fairly and reasonably due to our fault. We will not be liable to pay you the proportion which is due to the fault of another party for which such other party would otherwise be liable.

12.12 Any liability due from us to you will be reduced by the proportion for which another party would have been found to be liable if either:

(a) you had also brought proceedings or made a claim against that other party; or

(b) we had brought proceedings or made a claim against that other party under the Civil Liability (Contribution) Ordinance (Cap. 377) or similar law under any other relevant jurisdiction.

12.13 In considering whether other parties may be liable to you, no account is to be taken of any inability on your part to enforce remedies against another party by reason of causes of action against that party becoming time-barred, or the party’s lack of means or the party’s reliance on exclusions or limitations of liability or that the other party has ceased to exist.

12.14 The exclusions and limitations of liability in these Buyer Terms do not affect our liability:

(a) for death or personal injury arising from our negligence;

(b) for fraud or reckless disregard of professional obligations;

(c) for any other liabilities which cannot be excluded or limited in the jurisdiction to which any relevant claim is subject, including restrictions on our right to limit our liability in Hong Kong; and

(d) in any other case, to limit our liability to less than such minimum amount as may be required in the circumstances under any other law or regulation relevant to the claim, in which case such minimum amount will be deemed substituted for the amount that would otherwise apply.

12.15 These provisions are exhaustive of the remedies of monetary damages for you or any third party against us arising out of or in connection with these Buyer Terms.